The Politics of Identity and Sexual Violence: A Review of Bosnia and Rwanda Patricia A. Weitsman Human Rights Quarterly, Volume 30, Number 3, August 2008, pp. 561-578 (Article) Published by The Johns Hopkins University Press DOI: 10.1353/hrq.0.0024 For additional information about this article http://muse.jhu.edu/journals/hrq/summary/v030/30.3.weitsman.html Access Provided by Brown University at 03/15/12 2:26AM GMT HUMAN RIGHTS QUARTERLY The Politics of Identity and Sexual Violence: A Review of Bosnia and Rwanda Patricia A. Weitsman* ABSTRACT This article argues that particular assumptions about biology, ethnic- ity, genetics, and gender create a permissive environment for policies of sexual violence during war. It further asserts that the children born as a consequence of these policies become a prism for identity politics. The arguments regarding identity and war and the consequences on policies of sexual violence during wartime are illustrated through analyses of the Serbian militia’s rape campaigns in Bosnia in the early 1990s and the mass rape and killing of Tutsis in Rwanda in 1994. I. INTRODUCTION Being born with an identity formed in a wartime political environment often handicaps children for life. This is especially true if these children are born as a consequence of government-orchestrated rape campaigns, thus represent- ing the legacy of violence a country has experienced. Although wars always * Patricia A. Weitsman is Professor of Political Science at Ohio University. She received her Ph.D. from Columbia University and has been a fellow at the Graduate Institute of Inter- national Studies in Geneva, Switzerland and the Hoover Institution at Stanford University. She is co-author of The Politics of Policy Making in Defense and Foreign Affairs (1993), and co-editor of Towards a New Europe (1995) and Enforcing Cooperation (1997). Her most recent book, Dangerous Alliances: Proponents of Peace, Weapons of War, was published by Stanford University Press in 2004. She is also the author of numerous articles and book chapters published in prominent books and journals in the field of international relations. Her work has been published in newspapers such as The New York Times and the Interna- tional Herald Tribune. She is currently working on a short monograph on coalition warfare, as well as a larger project on war and identity. Human Rights Quarterly 30 (2008) 561–578 © 2008 by The Johns Hopkins University Press 562 HUMAN RIGHTS QUARTERLY Vol. 30 manifest the crucial nature of identity politics, the children born in their midst and aftermath offer an especially important prism for understanding ideas about identity formation and how those ideas endure. This article argues that the policies of sexual violence in wartime con- tain fundamental information regarding how governments construct and manipulate identity. War is the ultimate cauldron of identity politics. The environment of heightened threat and hostility of war situations is both the consequence of identity clashes and fertile ground for deepened entrench- ment of identities. While an in-depth examination of the relationship between war and identity is necessary, this article tackles only a subset of those is- sues. It argues that certain assumptions about biology, ethnicity, genetics, and gender construct a permissive environment for sexual violence during war. It further asserts that children born as a consequence of these policies represent the complexities of identity in an important and illustrative man- ner. The assumptions about identity that underpin the policies giving rise to the births of these children in the first place dictate the ways in which their societies, governments, and families perceive them. The cloud of shame that nearly always follows these children throughout their lives undermines their human rights in critical ways. II. IDENTITY AND THE POLICIES OF SEXual VIOLENCE DURING Wartime Groups and individuals tend to set themselves apart in regard to certain so- cial categories. This tendency profoundly affects their behavior in ways that validate and perpetuate their identities.1 Not only do these identities create social conflict between groups, but they give rise to national identities. These national identities have geographic implications as well. Frequently, identities are grounded in territories, and nation-states evolve as a consequence. This evolution also gives rise to institutional complexity: nuanced laws develop around these identities, in regard to who belongs and who does not, i.e., citizenship and nationality. These laws and institutional structures support and perpetuate socially constructed concepts of national identity.2 The way governments and society, in general, represent these identi- ties reveals a great deal about the deeply rooted assumptions being made about gender, ethnicity, and race. The discourse that surrounds the issues of rape during wartime, for example, “ethnic cleansing,” “racial hygiene,” 1. James D. Fearon & David D. Laitin, Violence and the Social Construction of Ethnic Identity, 54 INT’L ORG. 845, 855 (2000); MADAN SARUP, IDENTITY, CULTURE AND THE POSTMODERN WORLD 7, 47 (Tasneem Raja ed., 1996). 2. SARUP, supra note 1, at 182. See also BENEDICT ANDERSON, IMAGINED COMMUNITIES: REFLECTIONS ON THE ORIGIN AND SPREAD OF NATIONALISM 104–05 (1983). 2008 Politics of Identity and Sexual Violence 563 “genocidal babies,” perpetuates myths about identity—that it is genetically determined, that it derives from the father, that it derives from the mother, that some blood is purer than other blood, and so forth. These discursive practices frequently lead to pervasive discrimination against specific social groups, outrageous acts of violence against women, and neglect of children who are born of rape during wartime. The large scale rape of women during wartime is not new. Incidents of wartime rape, however, have been documented with increasing regularity in the twentieth century. For example, the rape and forced prostitution during World War II is well known, particularly the rape of German women by conquering Soviet soldiers, the enslavement of 200,000–400,000 “comfort women” by the Japanese army, and the rape of tens of thousands of women by Japanese soldiers in the Chinese city of Nanking. The rape of some 200,000 Bengali women during the war of independence from Pakistan is also well known.3 Tens, even hundreds, of thousands of rapes have been documented in conflicts in Liberia, Peru, Rwanda, Somalia, Uganda, El Salvador, Guate- mala, Kuwait, the former Yugoslavia, and Sudan.4 In each case, the policies of sexual violence and exploitation have been different, and yet, there are striking similarities. This section seeks to winnow out some of the assump- tions about identity that are embedded in mass rape. In most militarized conflicts, rape serves as a tactic to intimidate, de- grade, humiliate, and torture the enemy. In some cases, particularly where true genocide—the attempt to destroy the genus of a people or to completely annihilate a particular ethnic group—is unfolding, rape is a prelude to dis- memberment and death. These are very different types of motivations. Rape as a tactic to degrade, humiliate, and undermine the enemy’s morale may entail the desire to drive the enemy out of a particular geographic region of a country in order to assert ethnic and political dominance. This tactic has often been labeled rape as “ethnic cleansing.”5 In this regard, rape is 3. Rhonda Copelon, Gendered War Crimes: Reconceptualizing Rape in Time of War, in WOMEN’S RIGHTS, HUMAN RIGHTS 197 (Julie Peters & Andrea Wolper eds., 1995); SUSAN BRowNMILLER, AGAINST OUR WILL: MEN, WOMEN AND RAPE 58, 81 (1975). 4. See SHANA SWISS, PHYSICIANS FOR HUMAN RIGHTS, LIBERIA: WOMEN AND CHILDREN GRAVELY MISTREATED (May 1991) (on file with author); ROBIN KIRK, HUMAN RIGHTS WATCH, UNTOLD TERROR: VIOLENCE AGAINST WOMEN IN PERU’S ARMED CONFLICT (Dec. 1992); ASIA WATCH, BURMA: RAPE, FORCED LA- BOR AND RELIGIOUS PERSECUTION IN NORTHERN ARAKAN (1992); Copelon, supra note 3, at 198; Catherine N. Niarchos, Women, War, and Rape: Challenges Facing the International Tribunal for the Former Yugoslavia, 17 HUM. RTS. Q. 649, 656 (1995); Adrianne Aron, Shawn Corne, Anthea Fursland & Barbara Zelwer, The Gender Specific Terror of El Salvador and Guatemala: Post-traumatic Stress Disorder in Central American Refugee Women, 14 WOMEN’S STUD. INT’L F. 37 (1991); Report on the Situation of Human Rights in Kuwait under Iraqi Occupation, Prepared by Mr. Walter Kälin, Special Rapportuer of the Commission on Human Rights in accordance with Commission Resolution 1991/67, U.N. ESCOR, Comm’n on Hum. Rts., 48th Sess., U.N. Doc. E/CN.4/1992/26 (1992). 5. There are many scholars who describe rape as ethnic cleansing in this way. See a dis- cussion in Patricia Weitsman, Children Born of War and the Politics of Identity, in BORN 564 HUMAN RIGHTS QUARTERLY Vol. 30 simply one of many torture tactics that culminate in a wide-scale exodus from a particular region. Rape becomes a particularly potent form of torture in patriarchal societ- ies in which a woman’s standing derives from her relationship to the men in her family: her brothers, father, husband, and sons. In many cases, if a woman is unmarried, her worth derives from her status as a virgin. Once raped, society no longer deems her marriageable or socially viable. In these situations, women are outcast and often sent out to become martyrs for the cause.6 What is notable here is not only that women’s worth derives from their relationships to men, but also that the shame of victimization is far worse than the perpetration of the crime. This situation has important im- plications not only for identity but for gender politics as well. Shaming the victims more than the perpetrators indicates that a woman’s value derives from “purity.” In other words, what becomes paramount for her own identity is her relationship to men to the extent that she has or has not engaged in sexual intercourse.